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Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)

....e trial Court has disbelieved the said Kabala Ext.4 on the grounds that (1) P.W.1 denied the existence of defendant Nos.5-7 in village Gabua, previously Debipur and relied on Ext.7 and 7(A) which are voter lists but do not contain the names of defendant Nos.5-7 and (2) consideration of the Kabala wa......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ..

Category: Property Law | Date: | Hits: 65

Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)

....ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295.......angladesh. 13. The learned Senior Assistant Judge and Family Court Chouddagram rejected the application for rejection of plaint holding, inter alia, that the defendants had the suit adjourned on a number of occasions on various pretexts and now the same reached the stage of argument; at the initi..

Category: Family Law | Date: | Hits: 166

Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)

....iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......duties in respect of the aforesaid 1345 bundles of coir string of which the seized 958 bundles is a part were duly paid up." 8. In arriving at the aforesaid conclusions Court below relied on large number of receipts, bills, certificates, and entries in the Khatas of plaintiff's vendors as well as..

Category: Fiscal/Taxation Law | Date: | Hits: 125

Mojibar Vs. State, 1998, 17 CLC (HCD)

.... filled up the First Information Report form. P.W.8 Golam Sarwar is the Investigating Officer of the case. In cross examination he said that there are 5(five) Mojibors in Ruptali village according to voter list and out of 5(Five) Mojibors one is a dacoit and no TIP of the accused was held. 4. We ......er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ..

Category: Criminal Law | Date: | Hits: 78

Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)

....ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ......at in the trial of a criminal case much emphasis is given to the principle that ten offenders may be acquitted but a single innocent person should not be punished. With the tremendous increase in the number of crimes, specially organised crimes, time has come to give a second thought about the above..

Category: Criminal Law | Date: | Hits: 64

Manjurul Haque and 12 others Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others, 1999, 18 CLC (HCD)

....respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 261.......challenge in this Rule. Respondent Nos.4, 6 and 7 filed affidavit-in-opposition denying the allegations. 4. In Writ Petition No.1545 of 1998 by memo dated 24-4-98 (Annexure-B) Chaprashir Hat Union number 14 Bataiyya Union No.15 were curtailed from the Nikah registry area of the petitioner and res..

Category: Civil Law | Date: | Hits: 89

State Vs. Tota Mia, 1997, 16 CLC (HCD)

....their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244.......his defence case, Mr. Shaukat All Khan, learned Advocate for the appellants, draws our attention to the GD Entries of Muktagachha Police Station from 12-3-88 to 14-4-88 marked Ext. 10 and states that number of the entry at 18-00 is 380 whereas number of the next entry is 318 and starting with this n..

Category: Criminal Law | Date: | Hits: 74

Akhtar Hossain Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

....ke evidence to decide a disputed question of fact brought by the petitioner. In the result this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 651. ......the preliminary list to the concerned Upazila Nirbahi Officer. The petitioner further submits that the publication that has been shown in the impugned Gazette notification is contrary to the existing number of population and in this connection he has filed Annexure F, which is a certified copy obtai..

Category: Election Law | Date: | Hits: 137

Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)

....our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ...... with Mr. Justice Gholam Rabbani considering the provision of Artha Rin Adalat Ain and various decisions of our jurisdiction and Indian jurisdiction has stated and observed that it had been held in a number of decisions that Artha Rin Adalat is not an ordinary Civil Court but a special forum of limi..

Category: Administrative Law | Date: | Hits: 200

M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)

....nd respondent No.1 shall file the concise state­ment within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ......cern, having trade licence from the concerned authority of the Government. The petitioner has import and export licence from the concerned department of the Government and also has VAT registra­tion number. The petitioner is also a Member of Jessore Chamber of Commerce and Industry. In regular cour..

Category: Fiscal/Taxation Law | Date: | Hits: 168

Kazi Shafiul Nasher Vs. Secondary and Higher Secondary Education Board, Jessore and others, 1991, 20 CLC (HCD)

....ayer in disposing of a matter under Article 102 of the Constitution. The Rule is therefore discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 619.......ingly appeared before the committee and he was interrogated and he gave replies to the questions asked, in writing in his own hand. The said inquiry committee visited various places and examined good number of witnesses and thereafter submitted a report to the Chairman of the respondent No.1 Board o..

Category: Civil Law | Date: | Hits: 159

Elas Bepari @ Akhas Vs. The State, 2011, 40 CLC (AD)

....judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535.......but accused Altaf Bepari did not for­get the incident at all. On the night of that very day, a meeting was held at the house of accused Elas Bepari (the petitioner) where all the accused being 52 in number including the petitioner were present. On 20.05.1998 at about 10 a.m. the accused came at the..

Category: Criminal Law | Date: | Hits: 52

Kazi Kamrul and others Vs. State, 2011, 40 CLC (AD)

....the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ......wler was indeed seized on 16th May, 1994 in connection with Borguna police station Case No.11 dated 16th May, 1994 in connection with an offence of smug­gling by the same set of accused who are 9 in number as is available in the instant case and all of whom were apprehended by the police along with..

Category: Criminal Law | Date: | Hits: 64

Md. Abdul Based Sheikh and others Vs. Md. Jinder Ali Khan and others, 2011, 40 CLC (AD)

....d to be time barred. In the premises, we do not find any sub­stance in the leave petition. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 515.......ecreed ex-parte on 30.06.2002. 3. The aforesaid defendants filed the mis­cellaneous case under Order IX Rule 13 of the Code of Civil Procedure for restoration of the suit to its original file and number after setting the ex-parte decree dated 30.06.2002. The trial Court framed the fol­lowing is..

Category: Procedural Law | Date: | Hits: 66

Joynal Abedin and others Vs. Shahidul Islam and others, 2011, 40 CLC (AD)

....out of Court in accordance with Rules. The order of status quo granted earlier by this Court to continue till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 492. ......Division erred in law in failing to consider that the description of the suit land and structure standing thereon is vague, unspecific and unidentifiable and lacking description of properties showing number of struc­ture standing thereon in the undivided suit plot wherein Chatkhil Badalcot road run..

Category: Property Law | Date: | Hits: 60

Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)

....desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ......20.4.89 passed by learned District Judge, Jhenaidah in Misc. Case No.26 of 1988 arising out of Title Appeal No.84 of 1988 rejecting the prayer for restoration of the said title appeal to its file and number. 2. Facts giving rise to this Rule may briefly be put thus: Plaintiff petitioner filed Tit..

Category: Procedural Law | Date: | Hits: 74

Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)

.... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......pressed by conduct" so far an opinion expressed by conduct, i.e. by evidence of specific facts of the conduct mentioned in the illustration to section 50 of the Evidence Act. When a woman lives for a number of years in close association with a man and their children, who are acknowledged by the man ..

Category: Family Law | Date: | Hits: 318

Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)

....m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......ee from difficulty. There is no doubt the view of the Patna High Court that a person in authority is one who is in charge of prosecuting, conducting, or defending cases. There is on the other hand, a number of authorities which seem to have taken a more liberal view of the matter." In Bhagabatic..

Category: Criminal Law | Date: | Hits: 62

Reliance Auto Ltd. Vs. Commissioner of Customs, Customs House, Chittagong and others, 2003, 32 CLC (HCD)

.... inordinate delay speaks a volume against the Customs authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 322. ....... 12. The learned Assistant-Attorney-General has produced a Chassis Book issued by the Japan Automobile Association for a period covering from 1987‑1991 and submitted that the particular Chassis number that has been mentioned in the instant Invoice, Bill of Lading and other shipping documents i..

Category: Business or Commercial Law | Date: | Hits: 209

Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)

.... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ....... The meaning of the term is flexible and is not confined to what may constitute a public use at any given time, but in general it may be said to cover a use affecting the public generally, or any number thereof, as distinguished from particular individuals. Some Courts have gone so far in the di..

Category: Property Law | Date: | Hits: 93